Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 5429-5430 OF 2007
M/S KARNATAKA POWER TRANS.CORP.LTD. Appellant(s)
| . Resp | |
| VERSUS<br>M/S SOUTH INDIAN SUGAR MILLS ASS &ORS<br>J U D G M E N T<br>KURIAN, J.<br>Civil Appeal No. 5430 of 2007<br>1. It has come out that the plan<br>owned by the respondent has alrea<br>auction and, therefore, nothing s<br>appeal.<br>2. Therefore, this appeal is dispo<br>been rendered infructuous, in view o |
developments. However, the question of law is kept
open.
JUDGMENT
3. Needless to say, nothing further remains to be
done by the Commission in this case. There shall be
no order as to costs.
Civil Appeal No. 5429 of 2007
4. Having extensively heard the learned counsel for
the appellant, we do not find any perversity in the
order passed by the Appellate Tribunal. The
Appellate Tribunal has only remanded the matters for
consideration by the Karnataka Electricity Regulatory
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Commission.
5. Though the learned counsel for the appellant has
taken serious objections as to the maintainability of
the cross objections, we do not think it necessary in
this case to go into those aspects since we have
already held that the order passed by the Appellate
Tribunal does not suffer from any perversity.
Therefore, these objections are also rejected.
6. However, we clarify that the scope of remand
shall be limited to the co-generators only since they
were the only parties before the Appellate Tribunal.
7. The civil appeal is disposed of as above. There
shall be no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
January 21, 2016.
JUDGMENT
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